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(영문) 창원지방법원 진주지원 2017.06.28 2017고단141
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 7, 2013, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law (driving), etc. in the Changwon District Court's Jinju Branch's branch on November 7, 2013, and a fine of six million won or more due to the same crime in the same court on January 24, 2017, the Defendant was issued a summary order of ten million won or more for the same crime.

1. On February 9, 2017, the Defendant was under the influence of alcohol at around 21:45 on February 21, 2017, and the violation of the Road Traffic Act (non-license) and the Defendant driven Bing MKX car at a section of approximately 400 meters on the front of the road located in Jindong at Jindong, while under the influence of alcohol at at least 0.106% of alcohol during the blood, without a driver’s license, on February 9, 2017.

2. Around 23:53 on the same day, the Defendant driven a bowling MKX car at a section of approximately 6.5 km up to 10 meters in front of the road 100 meters away from the front side of the high school located at the front side of the city of Jinju, in the state of alcohol concentration of 0.074% during blood without a driver’s license on the same day, while under the influence of around 23:53 on the same day, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (free license).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on the detection of the driver at each primary driving and a statement on the circumstances of the driver at each primary driving;

1. Statement of control over the preparation of C;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquire about criminal history and report on investigation (attached to the previous and summary orders, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment of any punishment provided for in the crimes of violating the Traffic Act of a road with heavier punishment);

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (the punishment shall be more severe).

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